. . .is a little over the line for us; it's not appropriate to comment on legal action here.
I believe the teething issues with the first series of 33xx movements have long since been addressed BTW; the comments you cite are from mid 2006 IIRC.
Please no more comments about litigation, thanks; I hope you'll appreciate that we really don't want to air other people's dirty laundry, even if seeing it just a matter of moving to another window, pun intended. 
Jack